Speak Out low res October 2016

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22 Speak Out October 2016
Ethics news
Technology has and continues to have an immense
impact on clinical practice and efficiency for speech pathologists.
When we think of emerging technologies and the interface with
speech pathology professional practice, images of AAC, Apps
and telepractice spring to mind. Do smart phones and personal
computers rate a mention on your list, or are they so ubiquitous
that their presence in our work lives are taken for granted? These
are now common “tools of the trade” in speech pathologists’ daily
work, yet have you considered the ethical issues associated with
their use? Let’s examine a few key issues that arise from time to
time in the queries and complaints received at National Office.
Confidentiality
The SPA Code of Ethics Principle 2.5 Professional Integrity: We
comply with federal and state laws, and Standard 3.1.4 and 3.2.4,
all speak to our obligation to maintain our client’s confidentiality at
all times. This means that speech pathologists have an ethical and
legal obligation to ensure client information and records are kept
in a secure location, and accessible only to those who require it.
Client records saved electronically
Where are your electronic client records physically stored? If you
keep client data in the cloud, you are obliged to ensure that are
you compliant with the Privacy Act, and the Australian Privacy
If data is stored in a hard drive or a device, you will need to
consider where that device is physically stored and how it is
transported. Your obligations also include the need to manage
how the data is protected, i.e., who has access to the device,
who knows the passwords, how and when is the data backed
Use of private devices
Who owns the phone and computer/laptop/tablet employees
use for work? If a practice relies on the use of the employee’s
personal equipment, who has access to that device, how is
confidentiality of the data ensured and what happens when the
employee leaves the practice? This needs planning from the start
of the employment relationship, to avoid difficult situations and the
potential for unethical behaviour.
Employees have an ethical obligation to not “poach” clients from
their employer when they leave a practice. However, it is always
easier to manage that situation proactively and set up appropriate
processes while the employee is still working in a practice, than
to reactively sort through the situation once an employee has
left and it becomes apparent that there may have been unethical
actions. An example of how this can create difficulties is when
an employee who has been using personal devices for storage
of client information, including client contact details, leaves a
practice. Clients who have been seen by that employee still have
a personal mobile number and possibly a private email address
for that ex-employee. Clients can exercise their choice to see the
speech pathologist they want to however, it is not appropriate for
speech pathologists to use that client contact information for their
personal benefit or entice clients away from the employer. In this
way, use of personal devices can set up the potential for unethical
behaviour and friction between the practice and the ex-employee.
Another situation that arises from time to time is when
assessment reports, letters, progress notes, etc., are stored on
a computer that the practice does not have access to or control
over. This can create difficulties in accessing the information if
the employee is not at work, or leaves the practice, which is
inappropriate.
If appropriate processes for recordkeeping and control of client
contact details are established while the speech pathologist
is employed within a practice, the risk of significant issues to
manage when the employee leaves the practice are greatly
reduced. One way to manage this proactively is to have a
policy regarding use of practice-owned or personal phones and
devices. Another strategy is to perform regular audits of client
files to ensure that all employees are maintaining appropriate
records, including that assessment reports are written within
an appropriate timeframe, that progress notes are kept and
decipherable for all sessions provided and match the item number
(if a Medicare or private health fund rebate was used), and that
all client electronic records held on a personal device are given to
the practice for access and storage. It may be that it is easiest to
manage these actions if the information is held only on a practice-
owned device.
This is not to say that the use of private devices by employees
always causes problems or that it is always inappropriate.
Examples of employees acting in an ethical and trustworthy
manner far outweigh the reverse. However, we all need to
be aware of the implications of the decision to allow, or the
expectation to use, private devices for employment purposes and
manage the situation appropriately, both while an employee is
working at a practice and when they leave.
For further information please contact Trish Johnson, Senior
Advisor Ethical and Professional Issues at National Office,
.
How does
professional
ethics relate
to smart
phones and
laptops?